71
votes
Accepted
Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?
NO
Under the US Constitution, a public health authority could even make vaccination mandatory, and this was done in some historical epidemics.
In Jacobson v. Massachusetts, 197 U.S. 11 (1905) the US ...
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21
votes
Accepted
Does Biden OSHA vaccine mandate apply to remote workers?
The emergency temporary standard requires either vaccination, or testing with masks for unvaccinated workers, for employees of an employer with 100 or more employees but has exceptions for employees ...
- 5,277
19
votes
Accepted
Is it legally possible to bring an untested vaccine to market (in USA)?
Could the new mRNA vaccines have come to market without any testing?
No.
The FDA still has to approve emergency limited approvals of new vaccines. At least as a practical matter, the FDA requires ...
- 185k
12
votes
Is it legal for either a public or private workplace to require a flu vaccine (in the US)?
A company can mandate getting a flu shot as a condition of employment. The government can do the same (for its employees) – Washington state has done so at least for covid. Some individuals qualify ...
- 206k
12
votes
Legality of adding vaccination record to the US CDC Covid card yourself
The vaccine card doesn't have a specific legal status under US law. There are federal laws against fraud which would encompass vaccine card fraud, but tidying up disparate notices into a single notice ...
- 206k
7
votes
Why is trying to get "vaccinated" into a fake arm considered fraud (in Italy)?
The proposed charge is attempted fraud against the state, but the prosecution is in early stages and things may change. (Translations done with help from Google Translate.)
«Per il momento il reato ...
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7
votes
Is it legally possible to bring an untested vaccine to market (in USA)?
No. If you plan to sell any pharmaceutical products in the US, you have three choices.
Go through the FDA's New Drug application process.
Sell it without FDA approval, which is a felony. You risk ...
- 948
6
votes
Accepted
Under what law an employer in Australia NSW can mandate covid vaccination for their employees?
Legally obtain employee’s covid vaccination status without employee’s consent?
No
Request employee to provide one. On grounds of what law?
Anyone can ask anyone anything, however, I presume you are ...
- 192k
6
votes
Accepted
My Canadaian university denied my religious vaccine exemption request, what type of lawyer do I speak to?
Canadian lawyers who handle this kind of matter usually describe themselves as "human rights" and/or "discrimination" lawyers.
No formal regulatory specialty is recognized or ...
- 185k
6
votes
Accepted
Legal response to vaccination misinformation?
In the US the first amendment protections given to free expression make defamation claims significantly harder to pursue than in some other countries. o-called 'product defamation" claims are ...
- 112k
5
votes
What prevents an employer from mandating vaccination?
One thing that may prevent this is contract law: the employer may not have the power to impose new requirements on employees during the period of the current contract. For prisons that are run by ...
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5
votes
Is refusing service to unvaccinated equal to a vaccination mandate?
I think that is not a "reasonable" interpretation of the order, but that's separate from the question of what will be enforced. Focusing on the word of the order,
No entity in Texas can ...
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5
votes
Accepted
Which religions oppose vaccination, and on what grounds?
Both Title VII of Title VII of the Civil Rights Act of 1964 (as amended), and the Americans with Disabilities Act(ADA) as amended, provide that employer mandates are subject to "reasonable ...
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5
votes
Accepted
If people challenge the decision of implementing an anti-vax tax, would the government have to wait before taxing people?
I am wondering if the government can still implement it and force people to pay even if the decision is challenged in court.
Laws are not automatically put on hold because they are challenged.
For an ...
- 5,277
4
votes
Legality of adding vaccination record to the US CDC Covid card yourself
There's no possible way anyone can verify the information on the hand written CDC card. Literally anyone could make up anything and use the card to show proof. The only possibility of anyone knowing ...
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4
votes
Does Biden OSHA vaccine mandate apply to remote workers?
While I do not believe it applies to your particular case, for Federal employees, and by extension contractors, it is required for remote workers (emphasis mine).
To protect the health and safety of ...
- 822
4
votes
Can parents force their teenage children to get vaccinated?
Parents have very wide latitude to make their children do what they are told, especially when the action is mandated by law. Vaccinations for school children are mandatory, and that could include ...
- 206k
3
votes
Accepted
How many people can legally contest a given mandate at the same time in the United States?
As many parties as have standing. The First Amendment protects the right to petition for redress of grievances, so any limitation on that right would be highly disfavored.
When there's a rush of cases ...
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3
votes
Can parents force their teenage children to get vaccinated?
I found this regarding g Washington state
The Adolescent Behavioral Health Care Access Act enables parents/caregivers to bring a child for inpatient or outpatient treatment without requiring consent ...
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3
votes
What barriers are there for states to challenge the announced federal mandate for large employers to vaccinate their staff?
President Biden's most far-reaching mandates use four mechanisms: Federal employees must be vaccinated, contractors to the Federal government must impose mandates on their employees, businesses with ...
- 351
3
votes
Legality of adding vaccination record to the US CDC Covid card yourself
Creating a fraudulent card in the US is illegal. This doesn't apply to your question but it is one I have investigated. The provider did not fill in a history on my wife's second shot. The provider, ...
- 161
3
votes
Accepted
Would an antivax tax violate the Canada Health Act?
There is not enough detail on the plan to say anything yet.
But it is important to understand that the Canada Health Act is not an obligatory law but outlines conditions for provinces to receive ...
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2
votes
How does the federal court’s decision to freeze Biden’s 100 employees or more mandate affect our jobs?
A company can decide whatever they like. They can make their own requirement on whether employees need to be vaccinated. The federal mandate would make it a requirement, not a choice, by large ...
- 1,275
2
votes
Under what law an employer in Australia NSW can mandate covid vaccination for their employees?
Currently, there are two public health orders mandating vaccinations for workers in certain industries:
Public Health (COVID-19 Vaccination of Education and Care Workers) Order 2021, covering ...
- 198
2
votes
What barriers are there for states to challenge the announced federal mandate for large employers to vaccinate their staff?
Biden cannot write legislation, he can only enforce legislation previously enacted by Congress. Therefore, his primary challenge is finding a legal path that enables his branch of government to write ...
- 206k
2
votes
University Vaccination Requirements
It looks like one of the arguments raised by plaintiffs is that the policy violates Indiana's anti-vaccine-passport law, HB 1405 (see page 10 of the full text), which was just signed into law in late ...
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2
votes
Accepted
Can public schools require emergency-use vaccines?
Mandatory vaccination requires an act of the legislature in the state: here is the law for Washington state. The Dept. of Health is empowered to set certain rules within the confines of the law passed ...
- 206k
1
vote
Is it against the constitution to require restaurants to only serve people with a vaccine certificate in the United States?
There are plenty of laws that prohibit entry, service of sale to minors (usually under 18 or under 21) for a variety of products, services and venues, including gambling, alcohol, tobacco, drugs, ...
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1
vote
Can European Union countries make vaccination against COVID-19 compulsory?
The ECDC and the European Parliament with the approval of the European Council probably has such power.
It is. But neither the Council of Europe nor any of its bodies have the power to create binding ...
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